OHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) Hearing of the matter is taken up today.

(2.) In course of hearing and on perusal of record, it is revealed that by Court's order dtd. 23/12/2020, the appellant was allowed to lead evidence on the question of sentence after further examination under Sec. 313 Cr.P.C. Later to the above order, the appellant examined witnesses as D.Ws.2 and 3 on 27/1/2021. In fact, after confrontation of additional incriminating material to the appellant under Sec. 313 Cr.P.C., such defence evidence was permitted with the examination, cross-examination of D.Ws.2 and 3 and thereafter, both being discharged.

(3.) A decision of the Apex Court in the case of Sundar @Sundarrajan Vrs. State by Inspector of Police 2023 LiveLaw (SC) 217 is cited at the Bar in connection with consideration of materials on mitigating circumstances, while dealing with the sentencing aspect of a matter. For better appreciation, the relevant extract of the aforesaid decision is reproduced herein below: